Baker Botts Read Narrowly on Compensation for Defending Fee Application
Florida judge allows fees for supplementing application with more detail.
Two-Year Delay in Confirmation Requires Holding Another Valuation Hearing
Passage of time converts a final order into an interlocutory order.
Validity of Inherited Homestead Exemption Decided by Allusion to Baseball
A house that wasn’t a homestead on the filing date held eligible for the exemption.
Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years
Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.
Ability to Pay Debts Does Not Control on Section 707(a) Motions to Dismiss
Evading payment of a debt is a valid use of chapter 7, Florida judge rules.
Qui Tam Suits Are Exceptions from the Automatic Stay
Automatic stay is no safe harbor from suits under the False Claims Act.
Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure
Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.
Surrendering Property Precludes a Debtor from Opposing Foreclosure
Florida judge closes loophole on a debtor’s duty to “perform his intention” regarding surrender.
District Judge Puts Limits on Policy Statement in Segal v. Rochelle
Continuing FLSA claims arising after filing are not subject to judicial estoppel.
Debtors Throw Away $36,500 and Their Discharges at the Same Time
Judge can’t save debtors from the consequences of their self-inflicted wounds.